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March 2017

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Constitution.kg: Remaking again

19/05/15 08:50, Bishkek – 24.kg news agency, by Darya PODOLSKAYA

In addition to the election of deputies of parliament in the fall, the Kyrgyz citizens will have to approve amendment to the Constitution, made in the walls of the White House. A moratorium on the introduction of amendments to the Basic Law, introduced till 2020, traditionally became empty promises of politicians.

Deputies vs Themis

In late April, the parliament introduced amendments to the Constitution. Some of them concern the judicial system. As one of the authors - the leader of Ar-Namys faction Felix Kulov (second - the head of SDPK Chynybai Tursunbekov - chose to remain silent) said, in the new project head of the Supreme Court and his deputies will be elected by the parliament on the proposal of the President. The Chairman will be elected from the judges of the Supreme Court for a term of 5 years. The same person can't hold the post of the head of the Armed Forces or his deputy for more than two consecutive terms. Note, before referendum in June 2010 there were such norm. "Me, for example, the parliament elected for five years as the head of the Supreme Court, but on the proposal of the head of state. I don't understand why to return to it now if we want an independent judiciary and talking about reform," member of Ata Zhurt faction Kurmanbek Osmonov said.

It is also proposed to abolish the Constitutional Chamber, turning it into a consultative body. "This will cause a direct blow to judicial reform. Constitutional Chamber - the only structure that can give a legal assessment of the actions of the president and parliament," expert Eric Iriskulbekov is perplexed.

The initiators of the act support that the members of the government could be dismissed from their position on the proposal of the prime minister, he can dismiss heads of local state administrations. That is an allusion to the extension of powers of the head of the executive branch of government and strengthening the vertical of executive power.

The authors didn't forget about their successors. According to Felix Kulov, the powers of a Deputy shall terminate prematurely in the following cases. The faction can unseat the mandate of a deputy. Or the legislator who doesn't agree with the policy of the party, under which he came to the parliament, may declare its withdrawal from it. Then, be polite, and put deputy badge and a party card on the table. The powers of a deputy are automatically terminated if he prefers a different nationality of the Kyrgyz Republic.

"It is proposed to remove immunity of a deputy. The deputy can be prosecuted only if the act is not linked to his political activities and was committed before he received the mandate. And in the case of political persecution, a parliamentarian can't be brought to responsibility. Today, it turns out that we create commission and decide for any matter," Felix Kulov said.

Also, according to the proposals, Member of Parliament appointed to the post of prime minister, temporarily suspend the execution of parliamentary powers - till the termination of the duties of the head of government. A good security. Especially if some meticulous lawmakers want to check the former prime minister's commitment to the Criminal Code.

Piggyback product

It is also proposed to transfrom the Defense Council into the Security Council. Previously, we recall, after the events of April 2010, the Security Council reshaped into the Council of Defense. Now what goes around, comes around? So analysts say: this rule will lead to the fact that the president will extend his terms of reference.

However, Felix Kulov called these judgments speculation. Allegedly, nobody is going to delegate additional controls to the head of state. "The deputies do not intend to expand powers of the president and the parliament, going to change the Constitution. We intend to submit this draft law for discussion in the near future. Almazbek Atambayev is already notified about it. We are not going to somehow affect powers of the President, the Parliament. There is the desire to increase powers of the government to ensure independence of the judicial system," Felix Kulov added.

However, analysts believe that the leaders of parliamentary factions and certain deputies still decided to do a service to the seventh floor and drag the desired to power amendments to the accompaniment of electoral commotion - all members of the current composition of the parliament want to get into the sixth convocation.

Such the case was in 2010, when citizens of Kyrgyzstan were offered to grant the mandate of people's trust to now ex-president Roza Otunbaeva together with the Constitution and the law on its introduction. Recall, this issue was absent in the bulletin. There was a need to legitimize through a plebiscite status with all the attendant consequences. The real election of the president, when Almazbek Atambayev was elected, were held only on October 30, 2011.

And then, in far back bloody June 2010, there was again substitution of concepts, which has become over the past 25 years as usual. People will like our As shows incomparable experience of  rampant "ketsinizatsiya" (from Kyrgyz "ketsin" - "get out"),  politicians skillfully manipulate popular will and desired electoral "yes" for the sake of their own ambitions.

This autumn of 2015 we will receive amendments to the Constitution in the form of "piggyback product". "And ordinary citizens are unlikely to read them carefully. That is, it turns out that the voter will be deceived again, and hold necessary changes to further strengthen the power through a referendum," political analyst Marat Kazakpaev  said.

Mars Sariev agrees with him. He admitted that the initiative to hold a referendum with the election leads to vague suspicion that certain games began. "No matter how the initiators try to justify the need of amending the Constitution, the vast majority of citizens will still think that they are beneficial to the president to prolong his term. And now, in order not to stir the pot, it would be better not to touch the fundamental law," Mars Sariev  added.

And the situation will be convenient to model in order to distract attention from the elections. Political scientist Tabyldy Akerov considers that MPs want to increase powers of the President of the Kyrgyz Republic so he could run again. "This is the old practice, and we all know that when the heads of the Kyrgyz Republic wanted to go to the polls again, the Basic Law was changed. And today, such initiatives again emerge," he stressed.

The main thing is how to count?

Another question arises: why not to hold a popular vote on the constitution, for example, in spring of 2016, so if there is a desire to change it just before the presidential election? "The Constitution should be stable. People just do not understand these innovations and take it as an attempt to usurp power," warns Erik Iriskulbekov warns.

It is also unclear how election organizers plan to hold simultaneously referendum and election of the parliament. "We still can't define the date of the vote, but we are preparing. Here, we will test "smart ballot boxes" and biometrics. Finally everything will be known when the date of elections is declared," the CEC notes.

The voter, in fact, still, doesn't care about the rush hour - October 4 or on the first Sunday of November - in KR citizens no longer believe that by participating in the election they take part in governing the country and a vote of a single representative of the electorate can significantly affect the balance of power on the political Olympus.

URL: http://eng.24.kg/politic/175745-news24.html
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«When we ran in the elections, we said that would even get the moon and the sun from the sky ».
MP Kamchybek Joldoshbayev at a meeting of Parliament, February 2, 2017.

«What have you done besides sale of donkeys to China?».
Deputy Ryskeldi Mombekov to the head of State Inspectorate for Veterinary and Phytosanitary Safety Kalysbek Zhumakanov at a meeting of Parliament, February 1, 2017.

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